Ben Sasse, a conservative senator from Nebraska, has defended the traditional view of the supreme court during the Brett Kavanaugh hearings: the court is to be independent of the legislative process, free from political baggage, and the justices appointed should not be chosen solely by the current political persuasion of Congress. In defending the independence of the highest court, Sasse stated, “our solution is NOT to find judges who will be policymakers.” Sasse is correct in affirming this conventional role of the Supreme Court and Brett Kavanaugh’s nomination hearings are no different. Our Founding Fathers would disapprove of the Democratic Party’s unabashed determination to prevent Kavanaugh from being the ninth supreme court justice. In a word: un-American.
According to Stanford politics, the rising polarization in America has changed the way we judge, no pun intended, a nominee of the Supreme Court. Americans, and more specifically, our men and women in Congress, put their policy ambitions in the lap of the court. We determine the “qualifications” of the nominee based on their political ideology, hoping that they will pass policies that we want. This is contrary to what our founders desired. They desired an independent judiciary that would determine the constitutionality of laws that Congress legislate. The role of the Supreme Court is not to super-legislate or craft policy, but rather to evaluate whether or not a bill that is passed by Congress is constitutional, meaning that it doesn’t impinge on the natural rights of Americans. The responsibility of approving or rebuking policy proposals (bills) belongs entirely to Congress.
As Sasse argues, Kavanaugh’s policy opinions should but put in a box titled “irrelevant.” John Adams’ thinking resonates with this: “A question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot be long free, nor ever happy, whose government is in one Assembly.” By choosing to consider Kavanaugh’s policy opinions Congress has done just that: putting the government in one Assembly, the Supreme Court.
Even worse, Democrats’ attempts to thwart Kavanaugh’s nomination have shifted into the arena of dirty politics. Recently, liberal Californian Senator Diane Feinstein said that she has proof that Kavanaugh tried to rape a young woman while in High School. Immoral sexual acts are unwelcomed and inhumane, but Feinstein’s allegations appear to be implausible. Feinstein refuses to release more evidence as she continues to argue for the postponement of Kavanaugh’s nomination. What makes Kavanaugh’s accuser’s case implausible is that she waited nearly four decades to mention the sexual misconduct. Why weren’t these allegations brought forth sooner? Why are they being discussed now right before the nomination of Brett Kavanaugh? Furthermore, why did the Democrats withhold this information from the Republicans until now? Feinstein admitted that she possessed this information in July.
Another objection swarming throughout the media is whether or not Kavanaugh will fight to eradicate Woe v. Wade or uphold legal precedent. Granted, Kavanaugh tends to the originalist interpretation of the Constitution and opposes abortion, but he has readily claimed he would follow court precedent. In answering questions from Senators Cory Brooke and Diane Feinstein, Kavanaugh swore to abide by legal precedent.
Additionally, there’s no doubt that Brett Kavanaugh is qualified for the Supreme Court. According to The Hill, “his experience and qualifications are very evident.” Kavanaugh has a twelve-year experience in the D.C. Circuit Court of Appeals, writing over 300 legal opinions. He is a graduate of the reputable Yale Law School, worked as an associate counsel to the White House, and served as a law clerk to Justice Anthony Kennedy.
President Donald Trump’s nomination of Brett Kavanaugh to the Judicial branch should proceed without the political baggage. Mr. Kavanaugh is unquestionably qualified for the Supreme Court. Congress should approve of his nomination. Giving back the congressmen their responsibilities is part of Kavanaugh’s agenda, and that is what our Founding Fathers would want. Whether you are left-leaning or right-leaning is insignificant to the process of Kavanaugh’s appointment to the highest court of the land. Turning to the Supreme Court for politics is an abuse of the system. As Sasse proclaimed, “we need to bring back School House Rock.”
Skylar is a junior majoring in political science.